Art. 779
J. Acquisition of legal personality I. Time; Failure to meet requirements 1 The company shall acquire legal personality through entry in the commercial register. 2 It shall also acquire legal personality even if the requirements for registration are not in fact fulfilled. 3 Where the requirements of the law or the articles of association are not fulfilled on foundation and if the interests of creditors or company members are substantially jeopardised or harmed thereby, the court may order the dissolution of the company at the request of a creditor or member. 4 The right to take legal action shall lapse three months after notice is published of the foundation of the company in the Swiss Official Gazette of Commerce. |